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March 17, 2012

Oath of two credible witnesses

Oath of two credible witnesses
 
We wrote another quick blog entry regarding WHEN you can use the oaths of two credible witnesses to identify a signer.  We also specified WHICH STATES you are allowed to use the oaths of two credible witnesses in.  Please refer to:
 
Credible witnesses from A to Z 
to learn which states allow the use of oaths from two credible witnesses to identify a signer.  If a notary public uses two credible witnesses, then the notary doesn’t need to know those credible witnesses, however, the credible witnesses should be able to tell the notary public the complete name of the signer(s).  Please keep in mind that you should not use credible witnesses unless the signer either has no identification, or unless it is too difficult to obtain that identification (generally because it at a different place far away). 
 
Please keep in mind that the notary public must administer an oath to the credible witnesses asking them to swear under oath as to the identity of the signer, and that the credible witnesses should sign the notary journal in the notes section as well.  The notary must also identify the credible witnesses by means of identification documents such as a drivers license, passport, etc.

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Sample Affidavits & Sample Oaths
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January 8, 2011

Credible Witnesses from A to Z

Credible Witnesses from A to Z
 
What is a credible witness?
A credible witness, “CW”, or credible identifying witness is someone who can identify a signer at a notary signing.  The credible witness must know the signer and must know the signer’s name.  The witness should know the signer by having met many times in the past through different individuals.  Some states require that the credible witness always knows the notary as well, to create a chain of relationships, while others only require that the credible witness knows the notary if only one credible witness is used.  The credible witness should be an impartial party who does not have beneficial interest in the document
 
Which states allow the use of credible witnesses?
Many states allow credible witnesses, and we documented these states on a forum post
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  To summarize: Virginia is a state that does not allow credible witnesses.  Most other states that we have information about do allow credible witnesses.
 
States that allow 1 Credible Witness
How many credible witnesses do you need to use in various states? What are the credible witness rules?
Arizona, Ohio, Pennsylvania and several other states allow the use of one CW that must be known to the notary, and must know the signer. 
 
States that allow 1 or 2 Credible Witnesses
California, Florida, and Georgia, among other states, allow the use of one CW if the witness is known to the notary and knows the signer; or two CW’s if the notary doesn’t know either of the witnesses.  These states are unique in that they offer a choice of using one or two credible witnesses.
 
States that allow 2 Credible Witnesses
Tennessee and Missouri allow the use of two credible witnesses to identify a signer.
 
Procedure
Credible Witness Rules can vary from state to state, but as a general rule, you should not use a credible witness unless there is no identification available.  In many cases, the identification available will have a different name variation on it, making it unacceptable to be used when signing documents that have a longer, or different name variation. Whether or not its legal to use credible witnesses in this type of situation is something to look up in your state’s notary manual.
 
The credible witness must SIGN the notary’s journal in California. Rules vary from state to state, so be knowledgeable about your particular state’s rules. The CW must raise their right hand and swear to the identity of the signer.  The CW must also have acceptable identification.  It is wise for the notary to record the CW’s address, ID#, and phone number in their journal. 
 
Common Uses
If a notary is doing a jail signing, inmates never have acceptable ID on them unless a visitor brings it.  When doing a jail signing, an attorney, relative, or friend of the inmate will normally meet you. Make sure they are going to bring the inmate’s ID and that the ID is current and state issued.
 
Hospital signings involve signers who are too elderly to drive in many instances.  These folks often don’t have current identification making the use of CW’s necessary.
 
If you notarize someone who lost their ID, or doesn’t have one becase they don’t drive, you might need credible witnesses. 
 
If the name variation on the document is slightly different from the name on the ID, you might check your state notary manual to see if using a credible witness in this situation is allowed.
 
Issues
A few notaries on our Facebook network have pointed out that many loan signings should not be done using credible witnesses.  One notary in Pennsylvania stated that for loans that require USA Patriot Act ID verification, credible witnesses should not be used.  Another notary in Florida points out that the CW is swearing to the fact that the signer does not have the acceptable identification documents and that it is difficult or impossible to find such documents.

Credible Witness Notary
There is no such thing as a credible witness notary, however you can be a notary that uses credible witnesses.  Just make sure you know how many credible witnesses to use.
 
Summary
After being a notary public in California for eight years, I found that 15% of my signings would not have been possible without the use of credible witnesses, among other “Plan B” type procedures.  Many notaries try to get through their career learning as little as possible about what they need to know to get the job done.  You will be letting future clients down if you are not an expert at credible witness procedures for your particular state.  You could be letting countless clients go high and dry if you don’t know this procedure. Please consult your state’s notary manual to learn exactly what all of the CW requirements (credible witness notary rules) are for your state.

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Credible Witnesses – the process explained
http://blog.123notary.com/?p=16695

Credible Witness Scenarios
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Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

Forum string: Credible Witnesses – the basics

Can a notary be a witness?

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